Vicky Vixen

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Terms of Service
Terms of Service I. Your Acceptance 1. The following terms and conditions govern all use of the Vicky Vixen Website and all content, services and products available at or through the Website. The Website is owned and operated by Baditude Entertainment, LLC (“Baditude”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Baditude’s Privacy Policy) and procedures that may be published from time to time on this Site by Baditude (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baditude, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. 2. Baditude reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Although we may attempt to notify you when major changes are made to these Terms of Service, It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Baditude may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
II. Vicky Vixen Web site 1. These Terms of Service apply to all users of this Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects, including, but not limited to, all products, software and services offered via the Website, such as the "Embeddable Video Player," the "Uploader," the “Downloader,” other applications. 2. The Website may contain links to third party Websites that are not owned or controlled by Baditude. Baditude has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party Websites. In addition, Baditude will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Baditude from any and all liability arising from your use of any third-party Website. 3. Accordingly, we encourage you to be aware when you leave the Vicky Vixen Website and to read the terms and conditions and privacy policy of each other Web site that you visit. 
 III. General Use of the Web site—Permissions and Restrictions Baditude hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: 1. You agree not to alter or modify any part of the Web site, including but not limited to, the Embeddable Video Player or any of its related technologies. 2. You agree not to use the Website, including the Embeddable Video Player for any commercial use, without the prior written authorization of Baditude. Prohibited commercial uses include any of the following actions taken without Baditude’s express approval: sale of access to the Website or its related services (such as the Embeddable Video Player) on another website; use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising on the Vicky Vixen Website or any third-party website targeted to Vicky Vixen content;
and any use of the Website or its related services (such as the Embeddable Video Player) that Baditude finds, in its sole discretion, to use Baditude’s resources with the effect of competing with or displacing the market for Vicky Vixen content. 3. Prohibited commercial uses DO NOT include: using the Embeddable Video Player to show Vicky Vixen videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Vicky Vixen; any use that Baditude expressly authorizes in writing. 4. If you use the Vicky Vixen Embeddable Video Player on your Web site, you must include a prominent link back to the Vicky Vixen Web site on the pages containing the Embeddable Video Player and you may not modify, build upon, or block any portion of the Embeddable Video Player in any way. 5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Baditude servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Baditude grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Baditude reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. 6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations. 7. Baditude reserves the right to discontinue any aspect of the Vicky Vixen Website at any time. IV. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Vicky Vixen Website. 1. The content on the Vicky Vixen Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Baditude, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever unless you see a “download,” “embed,” or “share” link displayed by Baditude on the Website. All other “unmarked” material may only be used with the prior written consent of the respective owners. Baditude reserves all rights not expressly granted in and to the Website and the Content. 2. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement. 3. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. 4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. V. Account Termination Policy Baditude may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Baditude will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. VI. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE VICKY VIXEN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BADITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BADITUDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VICKY VIXEN WEBSITE. BADITUDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VICKY VIXEN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BADITUDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
X. Limitation of Liability
 IN NO EVENT SHALL BADITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VICKY VIXEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BADITUDE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. VII. Indemnification. You agree to indemnify and hold harmless Baditude, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. VIII. Miscellaneous. This Agreement constitutes the entire agreement between Baditude and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baditude, or by the posting by Baditude of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baditude may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Accept the Terms of Service

Privacy Policy
Baditude Entertainment, LLC Privacy Policy The Vicky Vixen Website is owned and operated by Baditude Entertainment, LLC (“Baditude”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Baditude’s Privacy Policy) and procedures that may be published from time to time on this Site by Baditude (collectively, the “Agreement”). What personal information about users does Baditude gather? We only collect personally identifiable information from you because you are voluntarily submitting the information to us in order to enjoy certain Baditude services. The information we learn from users helps us personalize and improve your experience at the Website. You may, at your discretion, disclose your own personally identifiable information by any means you choose, including, without limitation: a) registering with the Site; and b) posting such information on areas of the Site that may be viewed by other users or the public. Automatic Information:
We receive and store certain types of information whenever you interact with us. For example, we use “cookies” and we obtain certain types of information when your Web browser accesses this Website. A number of companies offer utilities designed to help you visit Web sites anonymously. We want you to be aware that these tools do exist, although we will not provide a personalized experience if we cannot recognize you. 
 Does Baditude share the information it receives? Information about our users is important to our business model and how we expand the business to meet our customers’ needs. We are not in the business of sharing it or selling it to others. Baditude will not sell information about you to external marketers, or other third parties without user consent. Nor will we give such information to affiliated businesses or companies that we team up with to provide co-branded or jointly owned offerings unless you choose to take advantage of those offerings, and even then, any sharing of information is limited to information relating to the offering. Whenever we deal with this information, we will always comply with applicable laws and regulations. What are cookies, and how are they used? Cookies are small bits of information placed on the hard drive of your computer. Cookies remember information about your activities on a Website.
We may use cookies and similar tools to relate your use of the Baditude Services to personally identifiable information obtained from you and to obtain anonymous aggregated data. What about third-party advertisers? Our site may include third-party advertising, and some of our advertisers use third-party companies to serve their advertisements that appear on our site. Often, these third party advertisements displayed in connection with the Baditude Services may also contain cookies set by internal advertisers. We do not have access to control cookies that may be placed by the ad networks. Conditions of Use, Notice, and Changes If you choose to visit this Website, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions of Use, including limitations on damages, arbitration of disputes, and applications of the law of the state of Oregon. If you have any concerns about privacy at this Website, please send us a detailed description via email to baditude@vickyvixen.com. As our business will continue to change, so will this Notice and Terms of Conditions of Use. The use of information we gather now is subject to the Privacy Notice in effect at the time of use.   Accept the Privacy Policy

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